AFFIDAVITS

Order XIX deals with affidavits. An affidavit is essentially a sworn statement in writing under oath or affirmation before an authorized officer or a Magistrate.

The essentials of an affidavit may be stated as follows :-

(a) It must be a declaration made by a person.

(b) It must be in writing.

(c) It must be in first person.

(d) It must be with respect to facts and not inferences from the same.

(e) It must be a sworn statement made or affirmed before a Magistrate or any other authorized officer.

Important points about Affidavits :-

Affidavits are not included in the definition of evidence under S.3 of the Indian Evidence Act. They can be used to prove a fact only if the provisions of Order XIX are complied with.

Rule 1 provides that the court has the power to order at any point of time that a certain fact (s) be proved by way of an affidavit or a witness be examined by way of an affidavit, on conditions that it deems reasonable.

However, where a party bonafidely wishes to produce a witness for cross-examination and the same is possible, the order for examining the witness on affidavit shall not be passed.

Rule 2 provides that even after evidence has been given on affidavit, the court has the power to call upon the party for cross-examination and such person shall have to do so unless he is exempted from attendance under the code.

Rule 3 defines the matters which affidavits must be confined to. It states that such matters must necessarily be those which are within the knowledge of the person deposing except in case of interlocutory applications where statements based on a person’s belief shall be allowed provided grounds for the same are stated.

Further, in case of an affidavit which sets forth unnecessary matters regarding hearsay or any argumentative matter or copies or extracts of documents, the costs of the same shall be paid by the party filing the affidavit unless the court directs otherwise.

Ordinarily interlocutory applications such as interim injunctions, appointment of a receiver, etc. can be decided on the basis of an affidavit.